Moss v. Philadelphia Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 319, Jan. T., 1896, by plaintiffs, from judgment of C. P. No. 1, Pbila. Co., March T., 1895, No. 884, refusing to take off nonsuit. Trespass to recover damages for the death of plaintiffs’ child. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
Read the full summary
Appeal, No. 319, Jan. T., 1896, by plaintiffs, from judgment of C. P. No. 1, Pbila. Co., March T., 1895, No. 884, refusing to take off nonsuit. Trespass to recover damages for the death of plaintiffs’ child. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit. There can be no question that the death of the child was caused by contact with the car, and, inasmuch as contributory negligence is not to be imputed to the child, there was a case for the jury on the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
It is unnecessary to consider whether under the circumstances disclosed by the testimony contributory negligence should be imputed to the plaintiffs in allowing their child to escape from the house and wander in the street unattended, as we see nothing in the testimony which will sustain a finding of negligence on the part of the defendant company. A child three years and eight months old was playing on the street. When last seen by any of the witnesses before the accident she was jumping rope and running across the street from one side to the other, and at some…
2Cases cited1 opinion
- Woeckner v. Erie Electric Motor Co.Supreme Court of Pennsylvania · 1896
3Cited by7 opinions
- Wolf v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
- Dopler v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1931
- Moses v. Northwestern Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1917
- Patton v. GeorgeSupreme Court of Pennsylvania · 1925
- Cornell v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1913
2 more not listed; retrieve them via the Exa API.